Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28550
THIRD DIVISION Docket No. MS-28906
90-3-89-3-427
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Eugene Carter II
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM:
"Under the Railway Labor Act, Rule I, Sec. 3, Title 45. Carrier
acted unjustly and violated claimant; grievant when he was dismissed Aug. 31,
1984."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Statement of Claim in this Docket was also the Statement of Claim
in Case No. 87, Award No. 87 of Public Law Board No. 3577. That Public Law
Board ruled that the Carrier did not act improperly in dismissing the Claimant.
This Board has consistently and repeatedly followed the res judicata
principle that a matter, once judicially decided, is finally decided. See
Third Division Awards 20455, 18315, 18126 and 17058 in support of this principle. Our Award in this
the Claim as presented here. It has already been heard and decided.
A W A R D
Claim dismissed.
Form 1 Award No. 28550
Page 2 Docket No. MS-28906
90-3-89-3-427
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: /
agcy J. ])v -Executive Secretary
Dated at Chicago, Illinois, this 27th day of September 1990.